Selig praises new supplement law, J.C. Romero awaits apology

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Senators McCain and Dorgan introduced some new legislation today that proposes to more closely regulate the supplement industry in the wake of reports that many products contain designer steroids and other such nasties which aren’t disclosed to the public.  Bud Selig just released a statement on it:

“On behalf of Major League Baseball, I would like to thank Senators
John McCain and Byron Dorgan for their efforts to broaden the Food and
Drug Administration’s regulatory authority over dietary supplements. We
fully support the proposed legislation designed to protect athletes and
consumers from dangerous, mislabeled and tainted over-the-counter
supplements. The continued leadership of Senators McCain and Dorgan has
made an impact on this important issue.”

That’s all good, but if Selig really believed that mislabled and tainted over-the-counter supplements were a problem, why didn’t he buy J.C. Romero’s defense? Romero, you’ll recall, was suspended 50 games for taking something he bought from a GNC store which both he and the MLBPA thought was OK, and contained no evidence that it had bad stuff in it on the label, but turned out to have a banned hormone in it. Baseball didn’t think that got him off the hook and he served his suspension because, according to Major League Baseball, he was “negligent.”

If baseball really thinks guys like Romero were “negligent” then you’d think they’d issue a statement saying that the new law is unnecessary.

UPDATE:  Just had a conversation with someone at Major League Baseball. Their view — which makes a good deal of sense, I’ll admit — is that the drug policy sort of has to take the kind of zero-tolerance approach that was taken in the Romero case, or else enforcement actions are going to be prone to a bunch of “I didn’t know what I was taking” defenses, rendering the policy largely ineffective. Ultimately, the issue is whether a player — despite his intentions — competed in a game with a banned substance in his system. I can see that. Baseball’s drug policy, while having multiple purposes, should probably have “making sure athletes are competing on a level playing field” as its top priority.

But one question I do have is that, if that’s the case, what’s the point of even having an appeals and arbitration process like the one Romero went through in the first place? Why not just a test-positive-no-appeal kind of system? Or at the most an appeals process that only scrutinizes the science of it all, such as whether the test itself was wrongly administered or whether the samples were tainted or what have you?

Unprecedented sanctions: MLB bans former Braves GM for life, makes 12 signees free agents

Associated Press
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Major League Baseball has slammed the hammer down on the Atlanta Braves as the result of their violations of rules on the international free agent market.

Former Braves General Manager John Coppolella has been placed on the permanently ineligible list — the same list Pete Rose is on — banning him from a job in baseball forever. His assistant, Gordon Blakeley, will be suspended for a period of one year. Each had already been dismissed by the Braves. Other Braves’ international baseball operations employees who participated in the misconduct could still be suspended as the league finishes its investigation.

As reported earlier, 12 of the clubs’ international signees are now free agents. The Braves will lose the following players, signed during the 2015-17 international free agent signing periods:

  • Juan Contreras;
  • Yefri del Rosario;
  • Abrahan Gutierrez;
  • Kevin Maitan;
  • Juan Carlos Negret;
  • Yenci Peña;
  • Yunior Severino;
  • Livan Soto;
  • Guillermo Zuniga;
  • Brandol Mezquita;
  • Angel Rojas; and
  • Antonio Sucre

As reported earlier, Maitan was the number one overall international prospect in 2016. The Braves have, for a few years now, had among the top international signee classes. Obviously that came by virtue of cheating the system, and obviously that will lead to a reevaluation of where the clubs’ minor league system stands, talent-wise.

The penalties are not limited to the loss of those players. Commissioner Manfred is imposing what amounts to punitive damages going forward. From Commissioner Manfred’s statement:

“While the remedies discussed above will deprive the Braves of the benefits of their circumvention, I believe that additional sanctions are warranted to penalize the Club for the violations committed by its employees. Accordingly, the Braves will be prohibited from signing any international player for more than $10,000 during the 2019-20 signing period, which is the first signing period in which the Braves are not subject to any signing restrictions under our rules; and the Braves’ international signing bonus pool for the 2020-21 signing period will be reduced by 50 percent.”

There was also what appears to be an unrelated draft violation, imposing penalties along those lines as well:

“The investigation also determined that the Braves offered impermissible benefits, which were never provided, to a player they selected in the First-Year Player Draft in an attempt to convince him to sign for a lower bonus. As a penalty for the Club’s attempted circumvention involving a draft selection, the Braves will forfeit their third-round selection in the 2018 First-Year Player Draft.

The gist of the violations against the Braves involves the bundling of signing bonuses, in which the Braves got players — through their representatives in Latin America — to take lower than the amount typically allotted in one year in order to use the money to sign other, highly rated players in subsequent years, with money they wouldn’t have otherwise had. MLB’s statement describes the scheme thusly:

“The investigation established that the Braves circumvented international signing rules from 2015 through 2017. During the 2015-16 international signing period, the Braves signed five players subject to the Club’s signing bonus pool to contracts containing signing bonuses lower than the bonuses the Club had agreed to provide the players. The Club provided the additional bonus money to those players by inflating the signing bonus to another player who was exempt from their signing pool because he qualified as a ‘foreign professional’ under MLB rules.

“Consistent with the rules, the Braves could have signed all of the 2015-16 players for the full, actual signing bonus amounts. Had the Club signed the five players to contracts containing their actual bonuses, however, the Braves would have exceeded their signing bonus pool by more than five percent and would have been, under MLB rules, restricted from signing any players during the next two signing periods for contracts with bonuses greater than $300,000.

“As a result of the 2015-16 circumvention, the Braves were able to sign nine high-value players during the 2016-17 signing period who would have been unavailable to them had the Club accurately accounted for its signings during the 2015-16 signing period.”

The scheme continued like this:

“The investigation also determined that the Braves: (i) agreed to sign six players to inflated signing bonuses pursuant to an agreement with prospect Robert Puason’s agent in exchange for a commitment that Puason would sign with the Club in the 2019-20 signing period; and (ii) offered prospect Ji-Hwan Bae extra-contractual compensation. In order to remedy these violations, I am prohibiting the Club from signing Robert Puason when he becomes eligible to sign, and disapproving the contract between Bae and the Braves, which has not yet become effective.”

This is, by far, the most serious set of scouting, drafting and signing penalties ever imposed by Major League Baseball. It speaks to the sheer audacity of the Braves’ scheme to circumvent signing rules. It also sends a loud and clear signal to other teams — many which have been rumored to have engaged in similar conduct on a smaller scale — that MLB will not tolerate it.

The Braves lower minor league system has been decimated. It stands, essentially, as the head on the pike outside of Major League Baseball’s castle.